Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 5, 2012, and a fine of three million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 13, 2016.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on June 23, 2019, the Defendant driven a vehicle with C Sti-type car at the front of the building at the Yangju City, without obtaining a driver’s license, while under the influence of alcohol level of 0.089%, at the same time as the blood alcohol level of 0.089%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report, inquiry report, inquiry report on the control of drinking driving, and notification of the results of the control of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Inquiries, investigative reports (former records of drinking driving and attaching judgments to suspects), list of related cases, and application of statutes of court rulings;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: One to three years of imprisonment;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to the sentence, was punished for each of the crimes of violation of the Road Traffic Act (driving) around 2004, around 2006, around 2012, around 2016, and around 2016, even though he had the record of being punished for the crime of violation of the Road Traffic Act (Free Driver’s License) around 2017, was committed in the instant crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is 0.089%.